Pubdate: Tue, 15 Jul 2003
Source: Boston Globe (MA)
Copyright: 2003 Globe Newspaper Company
Contact:  http://www.boston.com/globe/
Details: http://www.mapinc.org/media/52
Author: Jenn Abelson

MARIJUANA ADVOCATE, TOWN SETTLE PARK SUIT

A local advocate of legalizing marijuana dropped a free-speech lawsuit 
against Ashland yesterday after signing a settlement late last week that 
allows him to hold rallies at Stone Park like anyone else.

James Pillsbury, coordinator of the MetroWest chapter of the National 
Organization for the Reform of Marijuana Laws, filed a federal lawsuit last 
year contending that Ashland had created a $1 million liability insurance 
requirement only after the group submitted an application to hold a rally

at Stone Park for legalizing marijuana. Pillsbury contended in the suit 
that the coverage was excessive and nearly impossible to secure, and that 
it marked Ashland's second violation of free speech in a decade.

But unlike the previous case, Pillsbury, along with the Massachusetts 
Cannabis Reform Coalition, was able to settle out of court. The agreement, 
finalized on Friday, requires only a $25 per hour charge for use of the 
park. If the town decides to extend coverage for events using the 
municipality'sits insurance policy, the fee could not exceed $150 per event.

''I'm glad the town decided to back down . . . from their position of 
putting up roadblocks for people who want to express their right to freedom 
of speech,'' Pillsbury said yesterday. ''It's so absurd that they were 
trying to block us from being there.''

After weeks of negotiations, Dale Morris, Ashland's assistant town manager, 
signed the agreement on behalf of the town on Wednesday. Town Manager 
Hector Rivera is on vacation and could not be reached for comment.

Morris, who was named as a defendant in the suit, said Ashland never tried 
to single out Pillsbury because of his views on marijuana.

''We were just trying to protect the town,'' Morris said of the insurance 
requirement.

''I'm just glad it's over,'' he said.

It was the second victory in nearly a decade for Pillsbury. The Framingham 
resident hosted two rallies at Stone Park in 1993, and although no arrests 
were made, one town official reported that he witnessed marijuana smoking.

When Pillsbury sought a permit for another rally several months later, 
Ashland officials told him that a new policy allowed nonresidents to use 
public facilities only once a year.

Pillsbury filed suit against Ashland, and a judge decided in favor of the 
Massachusetts Cannabis Reform Coalition. After losing its court appeal in 
1995, the town was ordered to reimburse the group $30,000 in legal fees.

''It's a good thing the town finally settled out of court,'' said Bill 
Downing, president of the coalition. ''Of course, it's kind of 
disconcerting that it took the threat of a second lawsuit and all this time 
for the town to admit that Jim has a constitutional right to use those town 
facilities.'' With the settlement reached on Friday, Pillsbury's attorney 
filed a motion yesterday to dismiss the case in US District Court.

With the latest flap behind him, Pillsbury said he is hoping to host his 
weekly cable show at Stone Park. Featured topics have included hemp fashion 
shows and medical marijuana.

The rallies will undoubtedly return to the park, he said, but most likely 
in an election year, when ballot questions involving the decriminalization 
of marijuana are at stake.
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MAP posted-by: Larry Stevens